The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1887-11-25
SPARKS RESIGNS.

ally delivered to the President the follow
ing letter defending his course in the C.,
St. p, II. & O. railway land grant case,
and formally resigned his Office:
10 As Presidsnf:
The honorable Secretary q the interior ID
vises me by letter. dated The 18th inst. In effect
that he should ON that date present to you tho
alternative Of selecting new Secretary Of tho
Interior or . new Commissioner Of the General
Land once, in view Of which have felt called
upon TO address you this letter.
Under the authority vested IN the Commits
siouer by the laws and in accordance with regu-
latfon and practice pursuant to law. by which
action Is first taken in the General Land ONCE
In all matters relating to public lands. had.
previous to September, 1885,, made adjustments
OF certain railroad land grants, two Of which.
known rs the Omaha cases, had been
specially directed by the Secretary to report.
On October 8, 1887, two decisions OF the Secre-
tary were rendered in the Omaha cases. nom
concurring in my adjustments and overriding
the authority On which they were based He
directed me ut the same time to cause the
grant to be adjusted In conformity with the de-
cisions. now infer from his published letter
that these decisions were not approved by tho
official law adviser for the Department Of tho
Interior. The point at issue related to tho
claim OF railroad companies to indemnity for
lands that, under railroad granting acts, were
reserved from the operation Of those acts by ex-
press terms of the statutes.
Previous to 1885, lands that had Been reserved
by the Government for Indian and other pur-
poses, and which were excluded from tho
grants and from the operation of the granting
acts, had been patented or certified to the COM
panies, both rs granted lands and as indemnity,
prou,iscuously with other lands. This seems to
have been done in pursuance OF practice
Of giving railroad companies whatever they
asked for. apparently without much considcra-
tion OF the restrictions and limitations Of tho
grants.
1t appears to ne that the decision Of the su.
preme Court in the Barney case was absolutely
silent upon the question decided in the Omaha
cases, and that not even the obiter of tho
court sustained these decisions. It also ap-
pears to me that the question 1t issue MAS not
In the case decided by the circuit court for Wis
consin, and 1t seemed that the rule of statutory
Interpretation adopted In the Omaha cases was
the opposite Of the rule o; construction adopted
by the courts and laid down by law writers.
was therefore profoundly convinced that tho
Secretary had been committed to errors Of law
which, IL brought fully to his personal atten-
ton, might be corrected.
1t Is the practice Of the department to per
NIT representatives Of railroads and other pri-
vate interests to apply for reviews and recon-
siderations Of decisions when questions ere de-
cided against such interests Ibelieve that, a.
the office Of the Government having immediate
guardianship Of the public lands. and i,Dmedi-
ate charge of the issuance OF patents under I'll
grants Of land by Congress, had at least equal
right with representatives Of private interests
to ask the Secretary OF tine Interior to re-ex-
anime departmental decision. And 1 believe
1t especially proper 70 express my views to the
on these cases because had not,
but would have done so, in the original in
stance. II had anticipated q change Of ruling
and decision upon the point in question.
Accordingly I waited upon the Secretary
and personally expressed to him my desire 70
have review Of the decisions in these cases.
He suggested to me to let the matter rest for
the present, In which suggestion / Of course
acQuiesced. The formal application
for review, couched in most respectful terms,
was completed about October 81, but was not
put upon the official records and was not made
public.
On November 10 received q note from tho
desiring me to present to him what
had to say upon this subject. Ny letter was
signed and delivered to him on the
l1th inst, with necessary change OF data and
other corrections that had been made. A copy
Of this letter is herewith incloscd for your in
spection. and for your judgment both upon sub
stance OF matter and upon official courtesy OF
form and EXPIRE ssIon. Severed important ques-
ions were decided in the Omaha cases other
han the one referred to herein, which justly
call for consideration upon the point Of agree
ment with or contravcntion OF decisions Of the
Supreme Court Of the United States, but con.
Ened my application for review TO the question
Of indemnity for lands excluded from the op-
grafton Of the granting acts" that being Of
importance.
r. -. 81
that IL would not be made public un-
ess by himself Public attention having now
been called to the matter. shall feel at liberty
% furnish the press with copy Of this letter
after it has been communicated to you and y
.opy transmitted to him,
1t is but Just to say that the published com.
addressed to me and laid before
TOu IS no answer to my letter applying for re-
new. The issue raised by me was strictly ono
II law. The presentation of the issue was
strictly in the line Of legal argument. In the
etter addressed to me that issue is not met
md the effect has been to create the errone-
,us impression that the issue was ono
II authority alone. and that had refused
o execute the Secretary's official orders.
The diversion OF the issue from one OF legal
to one Of authority and insubordi-
ation, is :hc substitution Of force for argument,
INVERSION Of the public mind from the merits OF
to you, would be the suppression By
hat power Of q proper and considerable effort %
ny part, as the Commissioner of the General
and Once, to secure, in the public interest,
N impartial hearing before the Secretary OF the
Interior on a purely legal question affecting the
Of the office with which / am
harged.
The office Of Commissioner Of the General
and Office has been one Of intense labor,
inev n ,Ih ;<h
ility. Having sought it at your hands, have
ontinued to hold it only out of a sense
I duty, with view Of efiecting some good 70
he public have endeavored to discharge my
Ill duty in 1t, In the face Of many discourage
,ents and much calumny and abuse from those
hose interests were to defeat the policies pur.
ued. I have believed my line OF action to be
orrect, and thought had reason for the belief
nat it met your approval. II these decisions
q change in official policy on this
ubject, knowing well wha' this will mean in
tactical application, coul6 not. OF course, with
~ sense Of duty, be the inst, ument to effect tho
hange.
Having ever, as now, regarded the commits
lon hold from you as subject to your recall
nd desiring to relieve you Of any possible en-
arrassment, herewith tender you my resisDa-
on of the ONCE Of Commissioner Of the Cen
raj Land Once, and ask its early acceptance.
nd in thus sev-ring my connection with your
beg to assure you OF my earn
st wish that the same wisdom, hrmnesss AMI
ltegrity which has thus far so eminently
larked your administration may continue To
nhance you in the estimation Of your country.
len. Very respectfully,
tSignedl WILLIAM A. ]. SPARTA
Succession Of Accidents.
NEWPORT, Ark, Nov. 15.-About four
clock a stock trim ON the Yron Mountain